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Basic Trademark Law and Statutes
A trademark is a symbol, word or sound used by an individual or business to identify themselves or their goods. In the world of business and advertising, a trademark can be an invaluable source of promotion. Many businesses have multiplied their success substantially by employing a clever or catchy trademark. Some trademarks were established more than a century ago and still serve to promote their business as a familiar face in advertising.
Trademark Coverage
To protect the use of trademarks, trademark law was established. Trademark law covers the specific goods and services of a company, but not a particular technology. Trademark law is similar to branding; where there may be several types of athletic shoes available, only one is allowed to have the trademarked Nike swoosh as its brand.
Trademarks cover the visual, textual or audible brand of a company or individual. The Nike swoosh logo, McDonald’s “I’m Lovin’ It” slogan, and the sound of the NBC chimes are all trademarked instances. If any other entity attempts to use them without authorization, the trademark owner has the right to bring a lawsuit forth under trademark law.
Enforcement of Trademark Law
The U.S. Patent and Trademark Office largely leaves the policing and enforcement of trademarks up to the trademark owner. The USPTO serves more as a verification means when trademark law is violated. Once the trademark is established with the USPTO the office can verify that the trademark is legally valid and held by the owner.
If a trademark owner finds their property is being violated under trademark law, they first must send a “cease and desist” order to the violating party. If the letter does not work, the trademark owner can benefit from the help of California trademark attorneys with experience in filing lawsuits for unauthorized use of trademarked materials.
A registered trademark that is found to have been illegally used under trademark law may bring a reward of up to triple damages for the trademark owner. This is in addition to the California trademark attorneys’ fees.
Hiring California Trademark Attorneys
Whether you are seeking to establish a new trademark, or if you believe you have a trademark law infringement case with your existing trademark you can always seek the help of an experienced California trademark attorney.
The California trademark attorneys at the Adli Law Group P.C. have formed lasting relationships with businesses across Los Angeles County and around the globe. Contact us today for experienced help with protecting your trademarks – (213) 223-2365.
